Meat and Poultry Inspection.

Ala. Code tit. 2, ch. 17

in effect

Ala. Code § 2-17-1 Definitions.

2-17-1. Definitions. When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized representative. (2) FIRM. Any partnership, association or other unincorporated business organization. (3) MEAT BROKER. Any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules or other equines or poultry on commission or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation. (4) POULTRY. Any live or slaughtered domesticated bird. (5) RENDERER. Any person, firm or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry, except rendering conducted under inspection under this chapter. (6) ANIMAL FOOD MANUFACTURER. Any person, firm or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or other parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry. (7) INTRASTATE COMMERCE. Commerce within this state. (8) MEAT FOOD PRODUCT. Any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, goats or poultry, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. Such term as applied to food products of equines shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, goats and poultry. (9) POULTRY FOOD PRODUCT. Any poultry carcass or any part thereof or any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of poultry, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry and which are exempted from definition as a poultry food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as poultry food products. (10) CAPABLE OF USE AS HUMAN FOOD. Any carcass, or part or product of a carcass of any animal is capable of use as human food, unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food or it is naturally inedible by humans. (11) PREPARED. Slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed. (12) ADULTERATED. Any carcass, part thereof, meat or meat food product or poultry food product is adulterated under one or more of the following circumstances: a. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; provided, however, that in case the substance is not an added substance, such article shall not be considered adulterated under this paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health; b. If it bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance (other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive) which may, in the judgment of the commissioner, make such article unfit for human food; c. If it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the federal Food, Drug and Cosmetic Act; d. If it bears or contains any food additive which is unsafe within the meaning of Section 409 of the federal Food, Drug and Cosmetic Act; e. If it bears or contains any color additive which is unsafe within the meaning of Section 706 of the federal Food, Drug and Cosmetic Act; provided, that an article which is not adulterated under paragraphs c, d or e shall nevertheless be deemed adulterated if it bears or contains any pesticide chemical food additive or color additive the use of which is prohibited by the regulations of the commissioner in establishments at which inspection is maintained under this chapter; f. If it consists, in whole or in part, of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food; g. If it has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been injurious to health; h. If it is, in whole or in part, the product of an animal or poultry which has died otherwise than by slaughter; i. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; j. If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the federal Food, Drug and Cosmetic Act; k. If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom or if any substance has been substituted, wholly or in part, therefor or if damage or inferiority has been concealed in any manner or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear of greater value than it is; or l. If it is margarine containing animal fat and any of the raw material used therein consists in whole or in part of any filthy, putrid or decomposed substance. (13) MISBRANDED. Any carcass, part thereof, meat or meat food product or poultry or poultry food product is misbranded under one or more of the following circumstances: a. If its labeling is false or misleading in any material particular; b. If it is offered for sale under the name of another food; c. If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and, immediately thereafter, the name of the food imitated; d. If its container is so made, formed or filled as to be misleading; e. If in a package or other container unless it bears a label showing: 1. The name and place of business of the manufacturer, packer or distributor; and 2. An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that, with respect to poultry, it shall be misbranded unless it bears a label showing the name of the packer or distributor whether such is in a container or not; provided further, that under subparagraph 2 of this paragraph, reasonable variations may be permitted and exemptions as to small packages or articles not in packages or other containers may be established by regulations prescribed by the commissioner; f. If any word, statement or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; g. If it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the commissioner under Section 2-17-10, unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring and coloring) present in such food; h. If it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the commissioner under Section 2-17-10 and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; i. If, though not subject to the provisions of paragraph g of this subdivision, its label does not bear: 1. The common or usual name of the food, if any there be; and 2. The common or usual name of each such ingredient in case it is fabricated from two or more ingredients, provided, that spices, flavorings and colorings may, when authorized by the commissioner, be designated as spices, flavoring and coloring without naming each; provided further, that, to the extent that compliance with the requirements of subparagraph 2 of this paragraph is impractical or results in deception or unfair competition, exemption shall be established by regulations promulgated by the commissioner; j. If it purports to be or is represented for special dietary purposes, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the commissioner, after consultation with the Secretary of Agriculture of the United States, determines to be and by regulations prescribes as necessary in order fully to inform purchasers as to its value for such uses; k. If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating the fact; provided, that to the extent that compliance with the requirements of this paragraph is impractical, exemption shall be established by regulations promulgated by the commissioner; or l. If it fails to bear, directly thereon or on its container, as the commissioner may by regulation prescribe, the inspection legend and, unrestricted by any of the foregoing provisions of this subdivision, such other information as the commissioner may require in such regulations as to assure that it will not have false or misleading labeling. (14) LABEL. A display of written, printed or graphic material upon the immediate container (not including package liners) of any article. (15) LABELING. All labels and other written, printed or graphic matter upon any article or any of its containers or wrappers or accompanying such article. (16) FEDERAL MEAT INSPECTION ACT. The act so entitled, approved May 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act, approved December 15, 1967 (81 Stat. 584). (17) FEDERAL FOOD, DRUG AND COSMETIC ACT. The act so entitled, approved June 25, 1938 (53 Stat. 1040), and acts amendatory thereof or supplementary thereto. (18) PESTICIDE CHEMICAL, FOOD ADDITIVE, COLOR ADDITIVE, and RAW AGRICULTURAL COMMODITY. Such terms shall have the same meanings for purposes of this chapter as under the federal Food, Drug and Cosmetic Act. (19) OFFICIAL MARK. The official inspection legend or any other symbol prescribed by regulations of the commissioner to identify the status of any article or animal under this chapter. (20) OFFICIAL INSPECTION LEGEND. Any symbol prescribed by regulations of the commissioner showing that an article was inspected and passed in accordance with this chapter. (21) OFFICIAL CERTIFICATE. Any certificate prescribed by regulations of the commissioner for issuance by an inspector or other person performing official functions under this chapter. (22) OFFICIAL DEVICE. Any device prescribed or authorized by the commissioner for use in applying any official mark. (23) CONTAINER or PACKAGE. Any box, can, tin, cloth, plastic or other receptacle, wrapper or cover. (24) SHIPPING CONTAINER. Any container used or intended for use in packaging the product packed in an immediate container. (25) IMMEDIATE CONTAINER. Any consumer package or any other container in which meat food products or poultry food products, not consumer packaged, are packed. (26) OFFICIAL ESTABLISHMENT. Any establishment as determined by the commissioner at which inspection of the slaughter of livestock or poultry or the preparation of meat food products or poultry food products is maintained under the authority of this chapter. (27) INSPECTOR. An employee or official of the State of Alabama authorized by the commissioner or any employee or official of the government of any county or other governmental subdivision of this state authorized by the commissioner to perform any inspection functions under this chapter under an agreement between the commissioner and such governmental subdivision. (Acts 1969, No. 1049, p. 1939, §1; Acts 1971, No. 2252, p. 3622, §§1, 2.)

Ala. Code § 2-17-2 Legislative Findings of Fact and Declaration of Policy; Purpose and Construction of Chapter Generally; Adoption and Promulgation of Regulations Promulgated Under Certain Federal Acts.

2-17-2. Legislative Findings of Fact and Declaration of Policy; Purpose and Construction of Chapter Generally; Adoption and Promulgation of Regulations Promulgated Under Certain Federal Acts. (a) Meat and meat food products are an important source of the nation’s total supply of food. It is essential to the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, not adulterated, and properly marked, labeled and packaged. Unwholesome, adulterated or misbranded meat or meat food products are injurious to the public welfare, destroy markets for wholesome, not adulterated and properly labeled and packaged meat and meat food products and result in sundry losses to livestock producers and processors of meat and meat food products as well as injury to consumers. The unwholesome, adulterated, misbranded or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated and properly labeled and packaged articles to the detriment of consumers and the public generally. It is hereby found that regulation by the commissioner and cooperation by this state and the United States as contemplated by this chapter are appropriate to protect the health and welfare of consumers and otherwise effectuate the purposes of this chapter; therefore, the intent and purpose of this chapter is to authorize, provide and require a meat and poultry inspection program in this state which will be no less equal to the provisions and requirements of applicable federal laws which authorize and provide for such inspection and related duties in cooperation with the Secretary of Agriculture of the United States as directed under Section 2-17-25. Accordingly, it is hereby intended that this chapter shall be liberally construed and interpreted insofar as possible to be consistent with such declared intent and purpose. (b) Wherever in this chapter it is provided that regulations or orders may or shall be promulgated by the commissioner with approval of the Board of Agriculture and Industries, such officials are authorized to adopt and promulgate any regulations as may have been or may hereafter be promulgated under authority of the federal Meat Inspection Act and the federal Poultry Products Inspection Act, amendments thereto or other appropriate or related federal laws, insofar as possible, to effectuate the purposes of this chapter and to administer and enforce its provisions and requirements. (Acts 1969, No. 1049, p. 1939, §2; Acts 1971, No. 2252, p. 3622, §3.)

Ala. Code § 2-17-3 Cattle, Sheep, Swine, Poultry, Etc., to Be Inspected Prior to Slaughter; Diseased Cattle, Sheep, Swine, Poultry, Etc., to Be Separately Slaughtered; Examination and Inspection of Carcasses of Slaughtered Animals Generally.

2-17-3. Cattle, Sheep, Swine, Poultry, Etc., to Be Inspected Prior to Slaughter; Diseased Cattle, Sheep, Swine, Poultry, Etc., to Be Separately Slaughtered; Examination and Inspection of Carcasses of Slaughtered Animals Generally. (a) For the purpose of preventing the use in intrastate commerce, as provided in this chapter, of meat and meat food products which are adulterated, the commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, goats, horses, mules and other equines before they shall be allowed into any slaughtering, packing, meat canning, rendering or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted solely for intrastate commerce, and all cattle, sheep, swine, goats, horses, mules and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules or other equines; and, when so slaughtered, the carcasses of such animals shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the commissioner as provided for in this chapter. (b) For the purpose of preventing the use in intrastate commerce, as provided in this chapter, of poultry or poultry food products which are adulterated, the commissioner shall, where and to the extent considered by him necessary, cause to be made, by inspectors appointed for that purpose, an examination and inspection of all live poultry before they shall be allowed to enter into any slaughtering, packing, meat canning, rendering or similar establishment in this state in which slaughtering and preparation of poultry and poultry food products of such birds are conducted solely for intrastate commerce; and all birds found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other birds, and, when so slaughtered, the carcasses thereof shall be subject to careful examination and inspection, all as provided by rules and regulations to be prescribed by the commissioner. (Acts 1969, No. 1049, p. 1939, §3.)

Ala. Code § 2-17-4 Examination, Inspection and Labeling of Carcasses, Etc., of Slaughtered Cattle, Sheep, Swine, Poultry, Etc.; Reinspection of Carcasses, Etc.; Destruction of Adulterated and Condemned Carcasses, Etc.; Removal of Inspectors from Establishments Failing to Destroy Same.

2-17-4. Examination, Inspection and Labeling of Carcasses, Etc., of Slaughtered Cattle, Sheep, Swine, Poultry, Etc.; Reinspection of Carcasses, Etc.; Destruction of Adulterated and Condemned Carcasses, Etc.; Removal of Inspectors from Establishments Failing to Destroy Same. For the purposes set forth in Section 2-17-3, the commissioner shall cause to be made by inspectors appointed for that purpose, as provided in this chapter, a postmortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, goats, horses, mules, other equines and poultry capable of use as human food to be prepared at any slaughtering, meat canning, salting, packing, rendering or similar establishment in this state in which these articles are prepared solely for intrastate commerce, and the carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged or labeled as “inspected and passed” and said inspectors shall mark, label, stamp or tag as “inspected and condemned” all carcasses and parts thereof of animals found to be adulterated, and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the commissioner may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof. Said inspectors, after said first inspection shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become adulterated; and, if any carcass or other part thereof shall upon examination and inspection subsequent to the first examination and inspection be found to be adulterated, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the commissioner may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof. (Acts 1969, No. 1049, p. 1939, §4.)

Ala. Code § 2-17-5 Applicability of Provisions as to Inspection and Examination of Carcasses, Etc.; Limitation of Entry of Carcasses, Etc., into Establishments Inspected Under Chapter.

2-17-5. Applicability of Provisions as to Inspection and Examination of Carcasses, Etc.; Limitation of Entry of Carcasses, Etc., into Establishments Inspected Under Chapter. (a) The provisions of Sections 2-17-3 and 2-17-4 shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, goats, horses, mules and other equines and poultry or the meat or meat products thereof capable of use as human food which may be brought into any slaughtering, meat canning, salting, packing, rendering or similar establishment where inspection under this chapter is maintained, and such examination and inspection shall be had before the said carcasses or part thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products or poultry food products; and the foregoing provisions shall also apply to all such products which, after having been issued from any such slaughtering, meat canning, salting, packing, rendering or similar establishment shall be returned to the same or to any similar establishment where such inspection is maintained. (b) The commissioner may limit the entry of carcasses, parts of carcasses, meat and meat food products and poultry food products and other materials into any establishment at which inspection under this chapter is maintained under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this chapter. (Acts 1969, No. 1049, p. 1939, §5.)

Ala. Code § 2-17-6 Inspection Not to Be Provided at Establishments for Slaughter or Preparation of Cattle, Sheep, Poultry, Carcasses, Etc., Not Intended for Use as Human Food; Denaturation or Identification Thereof Prior to Offer for Sale or Transportation; Purchase, Transportation of Carcasses, Meat Food Products or Poultry Food Products Not Intended for Use as Human Food and Not Denatured, Identified, Etc.

2-17-6. Inspection Not to Be Provided at Establishments for Slaughter or Preparation of Cattle, Sheep, Poultry, Carcasses, Etc., Not Intended for Use as Human Food; Denaturation or Identification Thereof Prior to Offer for Sale or Transportation; Purchase, Transportation of Carcasses, Meat Food Products or Poultry Food Products Not Intended for Use as Human Food and Not Denatured, Identified, Etc. (a) Inspection shall not be provided under this chapter at any establishment for the slaughter of cattle, sheep, swine, goats, horses, mules or other equines or poultry or the preparation of any carcasses or parts or products of such animals or birds which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the commissioner to deter their use for human food. (b) No person, firm or corporation shall buy, sell, transport or offer for sale or transportation or receive for transportation in intrastate commerce any carcasses, parts thereof, meat or meat food products or poultry food products of any such animals or birds which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the commissioner or are naturally inedible by humans. (Acts 1969, No. 1049, p. 1939, §18.)

Ala. Code § 2-17-7 Registration of Persons, Firms, Etc., Buying, Selling, Transporting, Etc., Dead, Dying, Disabled, Diseased, Etc., Cattle, Sheep, Poultry, Carcasses, Etc.

2-17-7. Registration of Persons, Firms, Etc., Buying, Selling, Transporting, Etc., Dead, Dying, Disabled, Diseased, Etc., Cattle, Sheep, Poultry, Carcasses, Etc. No person, firm or corporation shall engage in business in or for intrastate commerce as a meat broker, renderer or animal food manufacturer or engage in business in such commerce as a wholesaler of any carcasses or parts or products of the carcasses of any cattle, sheep, swine, goats, horses, mules or other equines or poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for such commerce or engage in the business of buying, selling or transporting in such commerce any dead, dying, disabled or diseased animals or birds of the specified kinds or parts of the carcasses of any such animals or birds that died otherwise than by slaughter, unless, when required by regulations of the commissioner and in such manner as the commissioner has prescribed, he has registered with the commissioner his name and the address of each place of business at which and all trade names under which he conducts such business. (Acts 1969, No. 1049, p. 1939, §20.)

Ala. Code § 2-17-8 Persons, Firms, Etc., Buying, Selling, Transporting, Etc., Dead, Dying, Disabled, Diseased, Etc., Cattle, Sheep, Poultry, Etc., to Comply with Regulations of Commissioner for Prevention of Use of Same for Human Food Purposes.

2-17-8. Persons, Firms, Etc., Buying, Selling, Transporting, Etc., Dead, Dying, Disabled, Diseased, Etc., Cattle, Sheep, Poultry, Etc., to Comply with Regulations of Commissioner for Prevention of Use of Same for Human Food Purposes. No person, firm or corporation engaged in the business of buying, selling or transporting in intrastate commerce, dead, dying, disabled or diseased animals or any parts of the carcasses of any animals that died otherwise than by slaughter shall buy, sell, transport, offer for sale or transportation or receive for transportation in such commerce any dead, dying, disabled or diseased cattle, sheep, swine, goats, mules or other equines or poultry or parts of the carcasses of any such animals or birds that died otherwise than by slaughter unless such transaction or transportation is made in accordance with such regulations as the commissioner may prescribe to assure that such animals or birds or the unwholesome parts or products thereof will be prevented from being used for human food purposes. (Acts 1969, No. 1049, p. 1939, §21.)

Ala. Code § 2-17-9 Examination, Inspecting and Labeling, Etc., of Meat Food Products and Poultry Food Products; Destruction of Condemned Meat Food Products and Poultry Food Products; Removal of Inspectors from Establishments Failing to Destroy Same.

2-17-9. Examination, Inspecting and Labeling, Etc., of Meat Food Products and Poultry Food Products; Destruction of Condemned Meat Food Products and Poultry Food Products; Removal of Inspectors from Establishments Failing to Destroy Same. For the purposes set forth in Section 2-17-3, the commissioner shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products and poultry food products prepared in any slaughtering, meat canning, salting, packing, rendering or similar establishment where such articles are prepared solely for intrastate commerce, and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment is open or not, to every part of said establishment. Said inspectors shall mark, stamp, tag or label as “Alabama inspected and passed” all such products found to be not adulterated, and said inspectors shall mark, label, stamp or tag as “Alabama inspected and condemned” all such products found adulterated; and all such condemned meat food products or poultry food products shall be destroyed for food purposes as provided in Section 2-17-4, and the commissioner may remove inspectors from any establishment which fails to so destroy such condemned meat food products. (Acts 1969, No. 1049, p. 1939, §6.)

Ala. Code § 2-17-10 Labeling of Cans, Pots, Etc., Containing Meat, Meat Food Products, or Poultry Food Products; Misbranding of Products, or Poultry Food Products; Misbranding of Carcasses, Etc.; Establishment of Definitions and Standards; Use of False or Misleading Names, Labeling, Etc.

2-17-10. Labeling of Cans, Pots, Etc., Containing Meat, Meat Food Products, or Poultry Food Products; Misbranding of Products, or Poultry Food Products; Misbranding of Carcasses, Etc.; Establishment of Definitions and Standards; Use of False or Misleading Names, Labeling, Etc. (a) When any meat or meat food product or poultry food product prepared for intrastate commerce which has been inspected as provided in this chapter and marked “Alabama inspected and passed” shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under this chapter is maintained, the person, firm, or corporation preparing the product shall attach a label to the can, pot, tin, canvas, or other receptacle or covering, which label shall state that the contents thereof have been “Alabama inspected and passed” under this chapter, and no inspection and examination of meat or meat food products or poultry food products deposited or enclosed in tins, cans, pots, canvas, or other receptacle or covering in any establishment where inspection under this chapter is maintained shall be deemed to be complete until such meat or meat food products or poultry food products have been sealed or enclosed in the can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector. (b) All carcasses, parts of carcasses, meat and meat food products, and poultry food products inspected at any establishment under the authority of this chapter and found to be not adulterated shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, both shipping container and immediate container, as the commissioner may prescribe, such information as will ensure that the same are not misbranded in contemplation of subdivision (13) of Section 2-17-1. (c) The commissioner, whenever he or she determines such action is necessary for the protection of the public, may prescribe definitions and standards of identity or composition for articles subject to this chapter and standards of fill of containers and styles and sizes of types thereof for such articles not inconsistent with any such standards established under the federal Food, Drug, and Cosmetic Act or under the federal Meat Inspection Act or under the federal Poultry Products Inspection Act, and there shall be consultation between the commissioner and the Secretary of Agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the federal standards. (d) No article subject to this chapter shall be sold or offered for sale by any person, firm, or corporation, in intrastate commerce under any name or other marking or labeling which is false or misleading or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the commissioner are permitted. A food product that contains cultured animal tissue produced from animal cell cultures outside of the organism from which it is derived may not be labeled as meat or a meat food product. (e) If the commissioner has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he or she may direct that such use be discontinued or withheld unless the marking, labeling, or container is modified in such manner as he or she may prescribe so that it will not be false or misleading. If any person, firm, or corporation using or proposing to use the marking, labeling, or container does not accept the determination of the commissioner, such person, firm, or corporation may request a hearing before the commissioner, but the use of the marking, labeling, or container shall, if the commissioner so directs, be discontinued or withheld pending hearing and final determination. Any such determination by the commissioner shall be conclusive unless, within 30 days after receipt of notice of the final determination, the person, firm, or corporation adversely affected files a complaint in the circuit court of the county wherein the person, firm, or corporation so using the questioned marking, labeling, or container resides or has his or her or its principal place of business, and the court is hereby vested with jurisdiction and it shall be its duty to set the matter for hearing upon 30 days’ written notice to the commissioner and to take testimony and examine the facts of the case and to determine, without the intervention of a jury, whether or not the questioned marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, and the determination shall, in the absence of fraud, corruption, bad faith, or gross abuse of discretion, be final. (Acts 1969, No. 1049, p. 1939, §7; Acts 1971, No. 2252, p. 3622, §4; Act 2019-310, §1.)

Ala. Code § 2-17-11 Inspection of Sanitary Conditions in Slaughtering and Processing Establishments; Commissioner to Refuse to Allow Marking, Stamping, Etc., of Meat Food Products, Poultry Food Products in Establishments Where Sanitary Conditions Adulterate Meat Food Products, Poultry Food Products, Etc.

2-17-11. Inspection of Sanitary Conditions in Slaughtering and Processing Establishments; Commissioner to Refuse to Allow Marking, Stamping, Etc., of Meat Food Products, Poultry Food Products in Establishments Where Sanitary Conditions Adulterate Meat Food Products, Poultry Food Products, Etc. The commissioner shall cause to be made by experts in sanitation or by other competent inspectors such inspection of all slaughtering, meat canning, salting, packing, rendering or similar establishment in which cattle, sheep, swine, goats, horses, mules and other equines and poultry are slaughtered and the meat and meat products and poultry food products thereof are prepared solely for intrastate commerce as may be necessary to inform himself concerning the sanitary conditions of the same and to prescribe the rules and regulations of sanitation under which such establishment shall be maintained; and, where the sanitary conditions of any such establishment are such that the meat or meat food products or poultry food products are rendered adulterated, he shall refuse to allow said meat or meat food products or poultry food products to be labeled, marked, stamped or tagged as “Alabama inspected and passed.” (Acts 1969, No. 1049, p. 1939, §8.)

Ala. Code § 2-17-12 Inspection of Cattle, Sheep, Swine, Poultry, Etc., Slaughtered and Prepared in Slaughtering and Processing Establishments; Assignment of Inspectors and Designation of Days and Hours When Slaughtering and Processing to Be Done.

2-17-12. Inspection of Cattle, Sheep, Swine, Poultry, Etc., Slaughtered and Prepared in Slaughtering and Processing Establishments; Assignment of Inspectors and Designation of Days and Hours When Slaughtering and Processing to Be Done. (a) The commissioner shall cause an examination and inspection of all cattle, sheep, swine, goats, horses, mules and other equines and poultry and the food products thereof slaughtered and prepared in the establishment described in Section 2-17-11 for the purposes of intrastate commerce, as directed or provided in this chapter, to be made during the nighttime as well as during the daytime when the slaughtering of said animals or birds or the preparation of food products therefrom is conducted during the nighttime. (b) One inspector may be assigned to two or more establishments where few animals or birds are slaughtered or where small quantities of carcasses, meat or poultry or meat food products and poultry food products are processed. When such inspector assignments are made, the commissioner shall designate the days and hours when slaughtering and processing will be done. (Acts 1969, No. 1049, p. 1939, §9.)

Ala. Code § 2-17-13 Slaughter, Sale, Offer for Sale, Transportation, Etc., of Animals, Carcasses, Food Products, Etc., in Violation of Provisions of Chapter or Regulations Promulgated by Commissioner.

2-17-13. Slaughter, Sale, Offer for Sale, Transportation, Etc., of Animals, Carcasses, Food Products, Etc., in Violation of Provisions of Chapter or Regulations Promulgated by Commissioner. No person, firm or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules or other equines or poultry or any carcasses, parts of carcasses, meat or meat food products or poultry food products of any such animals: (1) Slaughter any such animals or birds or prepare any such articles which are capable of being used as human food at any establishment preparing such articles solely for intrastate commerce, except in compliance with the requirements of this chapter; (2) Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation or receipt for transportation or any articles required to be inspected under this chapter unless they have been so inspected and passed or do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation which is intended to cause or has the effect of causing such article to be adulterated or misbranded; or (3) Sell, transport, offer for sale or transportation or receive for transportation in commerce or from an official establishment any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with regulations promulgated by the commissioner, except as may be authorized by regulations of the commissioner. (Acts 1969, No. 1049, p. 1939, §10; Acts 1971, No. 2252, p. 3622, §5.)

Ala. Code § 2-17-14 Unauthorized Casting, Printing, Etc., of Device or Label Containing Official Mark or Simulation; Forgery, Unauthorized Use, Etc., of Official Devices, Marks, Etc.; Making of False Statements in Certificates, Misrepresentations as to Inspections, Etc.

2-17-14. Unauthorized Casting, Printing, Etc., of Device or Label Containing Official Mark or Simulation; Forgery, Unauthorized Use, Etc., of Official Devices, Marks, Etc.; Making of False Statements in Certificates, Misrepresentations as to Inspections, Etc. (a) No brand manufacturer, printer or other person, firm or corporation shall cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof or any label bearing any such mark or simulation, any form of official certificate or simulation thereof except as authorized by the commissioner. (b) No person, firm or corporation shall: (1) Forge any official device, mark or certificate; (2) Use any official device, mark or certificate or simulation thereof or alter, detach, deface or destroy any official device, mark or certificate without authorization from the commissioner; (3) Fail to use or to detach, deface or destroy any official device, mark, or certificate contrary to the regulations prescribed by the commissioner; (4) Knowingly possess, without promptly notifying the commissioner or his representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any animal or part or product thereof bearing any counterfeit, simulated, forged or improperly altered official mark; (5) Knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the commissioner; or (6) Knowingly represent that any article has been inspected and passed or exempted under this chapter when, in fact, it has, respectively, not been so inspected and passed or exempted. (Acts 1969, No. 1049, p. 1939, §11.)

Ala. Code § 2-17-15 Sale, Offer for Sale, Transportation, Etc., of Carcasses, Etc., of Horses, Mules, Etc., Not Marked, Labeled, Etc., to Show Derivation as Required by Regulations of Commissioner; Horses, Mules, Etc., to Be Prepared in Facilities Separated from Those in Which Cattle, Sheep, Swine, Etc., Slaughtered or Prepared.

2-17-15. Sale, Offer for Sale, Transportation, Etc., of Carcasses, Etc., of Horses, Mules, Etc., Not Marked, Labeled, Etc., to Show Derivation as Required by Regulations of Commissioner; Horses, Mules, Etc., to Be Prepared in Facilities Separated from Those in Which Cattle, Sheep, Swine, Etc., Slaughtered or Prepared. (a) No person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any carcasses of horses, mules or other equines or parts of any such carcasses or the meat or meat food products thereof unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the commissioner to show the kinds of animals from which they were derived. (b) With respect to establishments at which inspection is maintained under this chapter, such animals and their carcasses, parts thereof, meat and meat food products therefrom shall be prepared in facilities completely physically separated from those in which cattle, sheep, swine or goats are slaughtered or their carcasses, parts thereof, meats or meat food products therefrom are prepared. (Acts 1969, No. 1049, p. 1939, §12.)

Ala. Code § 2-17-16 Commissioner to Appoint Inspectors; Duties of Inspectors; Inspections and Examinations to Be Made in Accordance with Rules and Regulations Prescribed by Commissioner.

2-17-16. Commissioner to Appoint Inspectors; Duties of Inspectors; Inspections and Examinations to Be Made in Accordance with Rules and Regulations Prescribed by Commissioner. The commissioner shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, goats, horses, mules and other equines and poultry, the inspection of which is hereby provided for, and of all carcasses and parts thereof and of all meats and meat food products and poultry food products thereof and of the sanitary conditions of all establishments in which such meat and meat food products and poultry food products hereinbefore described are prepared. Said inspectors shall refuse to stamp, mark, tag or label any carcasses or any part thereof or food product therefrom prepared in any establishment hereinbefore mentioned until the same shall have actually been inspected and found to be not adulterated and shall perform such other duties as are provided by this chapter and by the rules and regulations to be prescribed by said commissioner who shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this chapter, and all inspections and examinations made under this chapter shall be such and made in such manner as described in the rules and regulations prescribed by said commissioner not inconsistent with the provisions of this chapter. (Acts 1969, No. 1049, p. 1939, §13.)

Ala. Code § 2-17-18 Detention of Carcasses, Meat Food Products, Poultry Food Products, Etc., Believed to Be Adulterated or Misbranded, Etc.; Removal of Official Marks Therefrom Prior to Release.

2-17-18. Detention of Carcasses, Meat Food Products, Poultry Food Products, Etc., Believed to Be Adulterated or Misbranded, Etc.; Removal of Official Marks Therefrom Prior to Release. Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines or carcass or part of a carcass of poultry or poultry food product or any product exempted from the definition of a meat food product or any dead, dying, disabled or diseased cattle, sheep, swine, goat or equine or poultry is found by any authorized representative of the commissioner upon any premises where it is held for purposes of or during or after distribution in intrastate commerce and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food or that it has not been inspected, in violation of the provisions of this chapter or of the federal Meat Inspection Act or the federal Food, Drug and Cosmetic Act or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed 20 days, pending action under Section 2-17-19 or notification of any federal authorities having jurisdiction over such articles or animal, and shall not be moved by any person, firm or corporation from the place at which it is located when so detained until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the commissioner that the article or animal is eligible to retain such marks. (Acts 1969, No. 1049, p. 1939, §24.)

Ala. Code § 2-17-19 Condemnation Proceedings Generally; Disposition of Condemned Animals or Articles; Payment of Costs, Fees and Expenses, Etc.

2-17-19. Condemnation Proceedings Generally; Disposition of Condemned Animals or Articles; Payment of Costs, Fees and Expenses, Etc. (a) Any carcass, part of a carcass, meat or meat food product or poultry food product of any of the animals or birds subject to inspection under this chapter or any such animal or bird that is dead, dying, disabled or diseased that is being transported in intrastate commerce or is held for sale in this state after such transportation and that is or has been prepared, sold, transported or otherwise distributed or offered or received for distribution in violation of this chapter or is capable of use as human food and is adulterated or misbranded or in any other way is in violation of this chapter shall be liable to be proceeded against and seized and condemned at any time by writ of attachment for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction of which the article or animal is found. Such writ of attachment for condemnation shall issue upon the sworn complaint of the commissioner or his duly authorized agent, taken by an officer authorized to administer an oath, to the effect that such carcass, part of a carcass, meat or meat food product or poultry food product is adulterated or misbranded or, having been required so to be by this chapter, has not been inspected and examined in accordance with the provisions of this chapter. Said sworn complaint by said commissioner or his duly authorized agent may be amended at any stage of the proceedings. Said writ shall be returnable in five days to the court issuing it, which such court shall hear and decide whether the allegations of the complaint are true and whether such article or product shall be condemned and confiscated. Such hearing shall not be had until five days’ notice of the date therefor shall have been served on the owner, his agent or other party having an interest in the same, except as otherwise provided in this section. Service of a copy of the writ of attachment for condemnation showing the returns of the attaching officer shall be sufficient notice to the owner for the purposes of this section. Such writ may be executed by the commissioner, his duly authorized agent or by any sheriff or constable in this state. Upon the seizure of the article or product described in the affidavit, it shall be the duty of the officer or person executing the writ to return the same to the circuit court with his return thereon; and, within five days after such return, the court shall make up an issue between the state as plaintiff and the property seized as defendant. In the event that the owner or his agent cannot be found in this state, then said service may be perfected by posting a copy of the writ in a conspicuous place upon the premises where the goods were found and seized and by mailing a copy thereof by registered or certified mail to the owner or his agent to his last known address, and this shall be deemed to be sufficient service of the notice required by this section. If, upon the return day of such writ of attachment for condemnation, the owner of the article or product, his agent or other party having an interest in same thus notified fails to appear and show cause why said articles or products should not be condemned, judgment of condemnation and confiscation shall, upon such default, be entered by the court on the basis of said complaint. If such owner or agent or other party having an interest in such article or product shall, on the day or before the return day of the writ of attachment or upon such other day as the court upon application of said party may determine, file an answer upon oath denying the allegations of adulteration or misbranding or affirming that such articles or products were inspected and examined in accordance with the requirements of this chapter, as the case may be, the issue thus raised may be determined by the court after hearing all of the evidence offered by or on behalf of all the parties to the proceeding. Any such party may demand a jury trial of any issue of fact to be determined in the proceedings instituted under this section; and, in case a jury trial is demanded, the judgment entered by the court shall be in accordance with the facts as found by such jury; provided, however, that the verdict of the jury may be set aside by the court where manifestly contrary to the evidence or the law. (b) If the article or animal is condemned, it shall, after entry of the judgment, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees and storage and other proper expenses, shall be paid into the Treasury of this state, but the article or animals shall not be sold contrary to the provisions of this chapter or the federal Meat Inspection Act or the federal Food, Drug and Cosmetic Act; provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the commissioner as is necessary to insure compliance with the applicable laws. When a judgment of condemnation is entered against the article or animal and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal. (c) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter or other laws. (Acts 1969, No. 1049, p. 1939, §25.)

Ala. Code § 2-17-20 Refusal or Withdrawal of Inspection as to Establishments Deemed Unfit to Engage in Business Because of Convictions Based Upon Acquisition, Distribution, Etc., of Unwholesome, Mislabeled or Deceptively Packaged Food, Etc.; Appeals from Determination and Order of Commissioner.

2-17-20. Refusal or Withdrawal of Inspection as to Establishments Deemed Unfit to Engage in Business Because of Convictions Based Upon Acquisition, Distribution, Etc., of Unwholesome, Mislabeled or Deceptively Packaged Food, Etc.; Appeals from Determination and Order of Commissioner. The commissioner may for such period or indefinitely, as he deems necessary to effectuate the purposes of this chapter, refuse to provide or withdraw inspection service under this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for or recipient of such service, that such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient or anyone responsibly connected with the applicant or recipient has been convicted in any federal or state court of any felony or of one or more violations of any law other than a felony based upon the acquiring, handling or distributing of unwholesome, mislabeled or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services under this chapter from establishments failing to maintain sanitary conditions or failing to destroy condemned carcasses, parts, meat or meat food products or poultry food products as required by this chapter. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder or owner of 10 percent or more of its voting stock or an employee in a managerial or executive capacity. The determination and order of the commissioner under this section shall be final and conclusive unless the affected applicant for or recipient of inspection service files application for judicial review within 30 days after the effective date of such order in the appropriate court as provided in Section 2-17-19. Judicial review of any such order shall be upon the record upon which the determination and order by the commissioner are based. (Acts 1969, No. 1049, p. 1939, §23.)

Ala. Code § 2-17-21 Promulgation, Approval, Adoption, Amendment, Etc., of Regulations for Implementation of Chapter Generally; Issuance, Etc., of Temporary Orders of Commissioner.

2-17-21. Promulgation, Approval, Adoption, Amendment, Etc., of Regulations for Implementation of Chapter Generally; Issuance, Etc., of Temporary Orders of Commissioner. Wherever in this chapter it is provided that regulations may or shall be promulgated by the commissioner or that any activity or procedure may be regulated by order of the commissioner or wherever any words of like import appear, any such regulation so issued and promulgated for the purpose of implementing this chapter must, before the same shall become effective, be approved and adopted by the Board of Agriculture and Industries of the State of Alabama. Any such regulation so issued and promulgated may at any time be altered, amended or rescinded by the said Board of Agriculture and Industries of the State of Alabama; provided, however, that when it is found by the commissioner and such finding is expressed in an official order issued by him, together with his reasons for such finding, that any activity, practice or procedure subject to the provisions of this chapter is being conducted in such a manner as to constitute or which inherently constitutes a clear and immediate hazard to the public welfare, safety or health, such activity, practice or procedure may be regulated, controlled or prohibited by a temporary order of the commissioner, which such temporary order shall be valid for no more than 60 days unless, within such period, the same is ratified, approved, adopted and promulgated by the Board of Agriculture and Industries of the State of Alabama as a regulation promulgated under the authority of this chapter; and, in the event such temporary order of the commissioner is not ratified, approved, adopted and promulgated by the said board within such period, the commissioner may not thereafter reissue the same or a substantially similar temporary order with respect to the same activity, practice or procedure by the authority of this section. (Acts 1969, No. 1049, p. 1939, §1; Acts 1971, No. 2252, p. 3622, §§1, 2.)

Ala. Code § 2-17-22 Promulgation of Regulations as to Storage and Handling of Carcasses, Meats, Etc.

2-17-22. Promulgation of Regulations as to Storage and Handling of Carcasses, Meats, Etc. The commissioner may by regulations prescribe conditions under which carcasses, parts of carcasses, meat and meat food products and poultry and poultry food products capable of use as human food shall be stored or otherwise handled by any person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce such articles whenever the commissioner deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer, and violation of any such regulation is prohibited. (Acts 1969, No. 1049, p. 1939, §17.)

Ala. Code § 2-17-23 Classes of Persons, Firms, Etc., Required to Maintain Records; Examination, Etc., of Records, Facilities and Inventories.

2-17-23. Classes of Persons, Firms, Etc., Required to Maintain Records; Examination, Etc., of Records, Facilities and Inventories. (a) The following classes of persons, firms and corporations shall keep such records as willfully and correctly disclose all transactions involved in their business: (1) Any persons, firms or corporations that engage for intrastate commerce in the business of slaughtering any cattle, sheep, swine, goats, horses, mules or other equines or poultry or preparing, freezing, packaging or labeling any carcasses or parts or products of carcasses of any such animals or birds for use as human food or animal food; (2) Any persons, firms or corporations that engage in the business of buying or selling (as meat brokers, wholesalers or otherwise) or transporting in intrastate commerce, or storing in or for such commerce any carcasses, or parts or products of carcasses of any such animals or birds; and (3) Any persons, firms or corporations that engage in business in or for intrastate commerce as renderers or engage in the business of buying, selling or transporting in such commerce any dead, dying, disabled or diseased cattle, sheep, swine, goats, horses, mules or other equines or poultry or parts of the carcasses of any such animals or birds that died otherwise than by slaughter. (b) Any records required to be maintained by this section shall be maintained for such period of time as the commissioner may by regulation prescribe. (c) All persons, firms and corporations subject to the requirement of this section shall, at all reasonable times, upon notice by a duly authorized representative of the commissioner, afford such representative and any duly authorized representative of the Secretary of Agriculture of the United States accompanied by such representative of the commissioner access to their places of business and opportunity to examine the facilities, inventory and records thereof, to copy all such records and to take reasonable samples of their inventory upon payment of the fair market value therefor. (Acts 1969, No. 1049, p. 1939, §19.)

Ala. Code § 2-17-24 Conduct of Investigations and Requirement of Reports as to Organization, Business, Practices, Etc., of Persons, Firms, Etc., Engaged in Intrastate Commerce by Commissioner; Access to Copying, Etc., of Documentary Evidence; Powers of Commissioner as to Witnesses Generally; Issuance of Subpoenas and Orders for Taking of Depositions; Enforcement of Subpoenas and Orders of Commissioner, Etc., Generally; Fees of Witnesses, Etc.; Witnesses Not to Be Excused from Testifying on Grounds of Self-Incrimination; Immunity from Prosecution of Witnesses as to Matters, Etc., Upon Which Compelled to Testify.

2-17-24. Conduct of Investigations and Requirement of Reports as to Organization, Business, Practices, Etc., of Persons, Firms, Etc., Engaged in Intrastate Commerce by Commissioner; Access to Copying, Etc., of Documentary Evidence; Powers of Commissioner as to Witnesses Generally; Issuance of Subpoenas and Orders for Taking of Depositions; Enforcement of Subpoenas and Orders of Commissioner, Etc., Generally; Fees of Witnesses, Etc.; Witnesses Not to Be Excused from Testifying on Grounds of Self-Incrimination; Immunity from Prosecution of Witnesses as to Matters, Etc., Upon Which Compelled to Testify. (a) The commissioner shall also have power: (1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices and management of any person, firm or corporation engaged in intrastate commerce and the relation thereof to other persons, firms and corporations; (2) To require, by general or special order, persons, firms and corporations engaged in intrastate commerce or any class of them or any of them to file with the commissioner in such form as he may prescribe annual or special or both annual and special reports or answers in writing to specific questions, furnishing to the commissioner such information as he may require as to the organization, business, conduct, practices, management and relation to other persons, firms and corporations of the person, firm or corporation filing such reports or answers. Such reports and answers shall be made under oath or otherwise as the commissioner may prescribe and shall be filed with the commissioner within such reasonable period of time as he may prescribe, unless additional time is granted in any case by the commissioner, and all such reports, answers or information shall be kept confidential by the commissioner, except that such may be used without claim of privilege in any judicial proceeding brought for the violation of any provision of this chapter or in which compliance with this chapter is sought to be enforced and in which the person, firm or corporation so furnishing such report, answers or information is involved as a party or as owner of any article or product involved in such judicial proceeding. (b) For the purposes of this chapter, the commissioner shall at all reasonable times have access to for the purpose of examination and the right to copy any documentary evidence of any person, firm or corporation being investigated or proceeded against and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm or corporation relating to any matter under investigation. The commissioner may sign subpoenas and may administer oaths and affirmations, examine witnesses and receive evidence. Such attendance of witnesses and the production of such documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena the commissioner may invoke the aid of any court designated in Section 2-17-30 in requiring the attendance and testimony of witnesses and the production of documentary evidence. Any of the courts designated in Section 2-17-30 within the jurisdiction of which inquiry is carried on may, in case of refusal to obey a subpoena issued to any person, firm or corporation, issue an order requiring such person, firm or corporation to appear before the commissioner or to produce documentary evidence if so ordered or to give evidence touching the matter in question, and any failure to obey such order or any such court shall be punished by such court as contempt thereof. (c) Upon application of the Attorney General of this state at the request of the commissioner, the circuit courts of the several counties of this state shall have jurisdiction to issue writs of mandamus commanding any person, firm or corporation to comply with the provisions of this chapter or any order of the commissioner made in pursuance of this chapter. (d) The commissioner may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commissioner and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commissioner as provided in this section. (e) Witnesses summoned before the commissioner shall be paid the same fees and mileage that are paid witnesses in the courts of this state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in such courts. (f) No person, firm or corporation shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements or other documentary evidence before the commissioner or in obedience to the subpoena of the commissioner whether such subpoena be signed or issued by him or his delegate or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter or of any amendments thereto on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or it may tend to incriminate him or it or subject him or it to a penalty for forfeiture, but no person shall be prosecuted or subjected to any penalty for forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise; except, that any person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. (Acts 1969, No. 1049, p. 1939, §29.)

Ala. Code § 2-17-25 Designation and Powers of Commissioner as State Agency for Cooperating with Secretary of Agriculture; Jurisdiction of Commissioner Exclusive as to Activities Covered by Chapter; Cooperation with Other Governmental Branches and Agencies.

2-17-25. Designation and Powers of Commissioner as State Agency for Cooperating with Secretary of Agriculture; Jurisdiction of Commissioner Exclusive as to Activities Covered by Chapter; Cooperation with Other Governmental Branches and Agencies. (a) The commissioner is hereby designated as the state agency which shall be responsible for cooperating with the Secretary of Agriculture of the United States under the provisions of the federal Meat Inspection Act and the federal Poultry Products Inspection Act, and such agency is hereby directed to cooperate with the Secretary of Agriculture of the United States in developing and administering the meat and poultry inspection program of this state under this chapter to assure that its requirements will be at least equal to those imposed by the applicable provisions of the federal Meat Inspection Act and the federal Poultry Products Inspection Act and in developing and administering the program of this state under this chapter in such manner as will effectuate the purposes of this chapter and said federal acts. (b) In such cooperative efforts, the commissioner is authorized to accept from said Secretary of Agriculture of the United States advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment) and financial and other aid for administration of such a program. The commissioner is further authorized to spend public funds of this state appropriated for administration of this chapter to pay 50 percent of its estimated total cost of the cooperative programs so developed. (c) The commissioner is further authorized to recommend to the said Secretary of Agriculture of the United States such officials or employees of this state as the commissioner shall designate for appointment to the advisory committee provided for in Section 301 of the federal Meat Inspection Act, and the commissioner shall serve as the representative of the Governor of this state for consultation with said secretary under paragraph (c) of Section 301 of said act, unless the Governor shall select and designate another representative. (d) For the purpose of preventing and eliminating burdens on intrastate commerce with respect to meat and poultry and meat products and poultry products, the jurisdiction of the commissioner within the scope of this chapter shall be exclusive, and no county or municipal board of health or other county or municipal agency shall have any power or jurisdiction to regulate the slaughtering of any cattle, sheep, swine, goats, horses, mules or other equines or poultry or the preparation or transportation of the carcasses or parts thereof or the meat and meat products and poultry products of such animals or birds, nor shall any county or municipal board of health or other county or municipal agency have any power or jurisdiction with regard to the inspections provided for in this chapter, nor with respect to any other activity committed to the authority of the commissioner by this chapter. (e) In carrying out the provisions of this chapter, the commissioner may cooperate with all other branches of government, county and municipal, and with county and municipal health departments or other agencies and may conduct such examinations, investigations and inspections as provided for in this chapter and as he determines practical through any officer or employee of the state or any municipality or county in the state qualified for such purpose. The commissioner is also authorized and empowered to enter into contracts with any municipal or county health departments to carry out the duties and requirements of this chapter. Any municipal or county health department is also authorized and empowered to enter into contracts with the commissioner for the purpose of meeting the requirements of this chapter. (f) Nothing contained in this section shall preclude or restrict any municipality or county from the exercise of its police powers with regard to the establishment and maintenance of the facilities at which the activities regulated by this chapter are conducted. (Acts 1969, No. 1049, p. 1939, §22.)

Ala. Code § 2-17-27 Exemption of Certain Activities from Provisions of Chapter by Commissioner; Applicability of Certain Provisions of Chapter.

2-17-27. Exemption of Certain Activities from Provisions of Chapter by Commissioner; Applicability of Certain Provisions of Chapter. (a) The commissioner shall, by regulation and under such conditions as to sanitary standards, practices, procedures and reasonable volume limitations as he may prescribe, exempt from specific provisions of this chapter: (1) The slaughtering by any person of animals of his own raising and the preparation by him and transportation of the carcasses, parts thereof, meat and meat food products and poultry and poultry food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; (2) The slaughtering by any person of animals of his own raising and the preparation by him and transportation of the carcasses or parts thereof, not to include meat food products or poultry food products, where such are sold directly to household consumers or restaurants, hotels and boardinghouses for use in their own dining rooms or in the preparation of meals for sale directly to consumers only; provided, that no exemption under this subdivision may be allowed to any person, firm or corporation that engages in slaughtering any of the animals as to which inspection is required by this chapter or buying or selling of carcasses or parts thereof, other than those produced by animals or birds of their own raising; provided further, that no exemption shall be allowed under this subdivision where the value of the annual sales of such person, firm or corporation of the articles claimed to be exempt under this subdivision exceeds $200.00. (3) The custom slaughter by any person, firm or corporation of cattle, sheep, swine or goats or poultry delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation of the carcasses, parts thereof, meat and meat food products and poultry products of such animals or birds exclusively for use in the household of such owner by him and members of his household and his nonpaying guests and employees. (b) The provisions of this chapter requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products and poultry food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments. (c) The provisions of this chapter requiring inspection of the slaughter of animals and poultry and the preparation of carcasses, parts thereof, meat and meat food products and poultry food products shall not apply to articles which have been or are to be processed as required by recognized religious dietary laws to the extent that the commissioner determines that such may be exempted without jeopardy to the purpose and intent of this chapter. (d) The slaughter of animals and preparation of articles referred to in subdivisions (2) and (3) of subsection (a) and subsections (b) and (c) of this section shall be conducted in accordance with such sanitary conditions and reasonable volume limitations as the commissioner may by regulations prescribe, and violations of any such regulation is prohibited. (e) The adulteration and misbranding provisions of this chapter, other than the requirement of the inspection legend, shall apply to articles which are not required to be inspected or examined under this section. (Acts 1969, No. 1049, p. 1939, §16; Acts 1975, No. 550, §2.)

Ala. Code § 2-17-28 Exemption of Meat, Etc., Inspected and Passed by United States Department of Agriculture.

2-17-28. Exemption of Meat, Etc., Inspected and Passed by United States Department of Agriculture. Any meat or meat food products or poultry or poultry food products which have been inspected and passed by inspectors of the United States Department of Agriculture shall be exempt from the meat and poultry inspection provisions of this chapter unless such products are further processed, in which event they shall be subject to all other provisions and requirements of this chapter. (Acts 1969, No. 1049, p. 1939, §15; Acts 1971, No. 2252, p. 3622, §6; Acts 1975, No. 550, §1.)

Ala. Code § 2-17-29 Applicability of Chapter to Persons, Firms, Etc., Regulated Under Federal Meat Inspection Act and Federal Poultry Products Inspection Act.

2-17-29. Applicability of Chapter to Persons, Firms, Etc., Regulated Under Federal Meat Inspection Act and Federal Poultry Products Inspection Act. The requirements of this chapter shall apply to persons, firms, corporations, establishments, animals and articles regulated under the federal Meat Inspection Act or the federal Poultry Products Inspection Act only to the extent provided for in such federal acts. (Acts 1969, No. 1049, p. 1939, §30.)

Ala. Code § 2-17-30 Jurisdiction and Prosecution of Injunctive Proceedings Under Chapter or Regulations Promulgated Thereunder.

2-17-30. Jurisdiction and Prosecution of Injunctive Proceedings Under Chapter or Regulations Promulgated Thereunder. The circuit courts of the several counties of this state are vested with jurisdiction specifically to enforce and to prevent and restrain violations of this chapter or any regulation promulgated under authority thereof by temporary restraining order or permanent injunction or otherwise. Petitions for injunctive relief as authorized hereunder shall be filed in the circuit court of the county of residence of the person who violates the provisions of this chapter. Any action commenced hereunder based upon facts furnished by the Commissioner of Agriculture and Industries or others having knowledge thereof may be brought in the name of the State of Alabama upon the relation of the Attorney General and with his approval, and such officer shall upon request be assisted by the district attorney or deputy district attorney of the judicial circuit in which injunctive proceedings are filed. (Acts 1969, No. 1049, p. 1939, §26; Acts 1975, No. 550, §3.)

Ala. Code § 2-17-31 Admissibility of Evidence of Violations of Chapter or Regulations Promulgated Thereunder in Civil Actions for Damages Against Persons, Firms, Etc., Subject Thereto.

2-17-31. Admissibility of Evidence of Violations of Chapter or Regulations Promulgated Thereunder in Civil Actions for Damages Against Persons, Firms, Etc., Subject Thereto. It shall be competent evidence in any civil action brought for damages against any person, firm or corporation regulated by this chapter to prove that such person, firm or corporation has violated any term or provision of this chapter or any regulation promulgated under this chapter where such act or failure to act is proximately related to the injury or loss for which damages are claimed, but proof of any acts or failure to act which may constitute a violation of any term or provision of this chapter or of any regulation promulgated under this chapter shall not constitute prima facie proof of negligence in any such action against the party sought to be charged with damages. (Acts 1969, No. 1049, p. 1939, §31.)

Ala. Code § 2-17-32 Interference with Person Engaged in Performance of Official Duties Under Chapter, Etc.

2-17-32. Interference with Person Engaged in Performance of Official Duties Under Chapter, Etc. Any person who forceably assaults, resists, opposes, impedes, intimidates or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000.00 or imprisoned for not more than three years or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000.00 or imprisoned not more than 10 years or both. (Acts 1969, No. 1049, p. 1939, §27.)

Ala. Code § 2-17-33 Failure to Attend and Testify, Answer Lawful Inquiry or Produce Documentary Evidence in Obedience to Subpoena, Etc., of Commissioner.

2-17-33. Failure to Attend and Testify, Answer Lawful Inquiry or Produce Documentary Evidence in Obedience to Subpoena, Etc., of Commissioner. Any person, firm or corporation that shall neglect or refuse to attend and testify or to answer any lawful inquiry or to produce documentary evidence, if in his or its power to do so, in obedience to the subpoena or lawful requirement of the commissioner shall be guilty of an offense and, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than one year or both. (Acts 1969, No. 1049, p. 1939, §29.)

Ala. Code § 2-17-34 Making, Etc., of False Statements or Entries in Reports, Accounts, Etc.; Mutilation, Alteration, Etc., of Documentary Evidence, Etc.

2-17-34. Making, Etc., of False Statements or Entries in Reports, Accounts, Etc.; Mutilation, Alteration, Etc., of Documentary Evidence, Etc. Any person, firm or corporation that shall willfully make or cause to be made any false entry or statement of fact in any report required to be made under this chapter, or that shall willfully make or cause to be made any false entry in any account, record or memorandum kept by any person, firm or corporation subject to this chapter or that shall willfully neglect or fail to make or to cause to be made full, true and correct entries in such accounts, records or memoranda of all facts and transactions appertaining to the business of such person, firm or corporation or that shall willfully remove out of the jurisdiction of this state or willfully mutilate, alter or by any other means falsify any documentary evidence of any such person, firm or corporation or that shall willfully refuse to submit to the commissioner or to any of his authorized agents for the purpose of inspection and making copies any documentary evidence of any such person, firm or corporation in his possession or within his control shall be deemed guilty of an offense and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than $5,000.00 or to imprisonment for a term of not more than one year or to both. (Acts 1969, No. 1049, p. 1939, §29.)

Ala. Code § 2-17-35 Forfeiture by Persons, Firms, Etc., Upon Failure to File Annual or Special Reports as Required by Commissioner.

2-17-35. Forfeiture by Persons, Firms, Etc., Upon Failure to File Annual or Special Reports as Required by Commissioner. If any person, firm or corporation required by this chapter to file any annual or special report shall fail so to do within the time fixed by the commissioner for filing the same and such failure shall continue for 30 days after notice of such default, such person, firm or corporation shall forfeit to this state the sum of $25.00 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of this state and shall be recoverable in a civil action in the name of the state brought in the county where the person, firm or corporation has his or its principal place of business or in any county in which he or it shall do business. It shall be the duty of the various district attorneys under the direction of the Attorney General of this state to prosecute for the recovery of such forfeitures. The cost and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of this state. (Acts 1969, No. 1049, p. 1939, §29.)

Ala. Code § 2-17-36 Disclosure by State Officer or Employee of Information Obtained by Commissioner Without Proper Authority.

2-17-36. Disclosure by State Officer or Employee of Information Obtained by Commissioner Without Proper Authority. Any officer or employee of this state who shall make public any information obtained by the commissioner without proper authority, unless directed by a court, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment not exceeding one year or by both. (Acts 1969, No. 1049, p. 1939, §29.)

Ala. Code § 2-17-37 Penalties for Violations of Chapter; Commissioner Not Required to Report Minor Violations of Chapter for Prosecution, Etc.

2-17-37. Penalties for Violations of Chapter; Commissioner Not Required to Report Minor Violations of Chapter for Prosecution, Etc. (a) Any person, firm or corporation who violates any provision of this chapter for which no other criminal penalty is provided by this chapter shall, upon conviction, be subject to imprisonment for not more than one year or a fine of not more than $1,000.00; provided, that no person, firm or corporation shall be subject to penalties under this section for receiving for transportation or transporting any article or animal in violation of this chapter if such receipt or transportation was made in good faith, unless such person, firm or corporation refuses to furnish on request of a representative of the commissioner the name and address of the person from whom he received such article or animal and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him. (b) Nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of a proceeding for condemnation or injunction proceeding minor violations of this chapter whenever he believes that the public interest will be adequately served by other remedies and procedures to be exercised by him. (Acts 1969, No. 1049, p. 1939, §28.)

Ala. Code § 2-17-38 Construction of Chapter.

2-17-38. Construction of Chapter. The provisions of this chapter are cumulative with and shall not be construed as to repeal or supersede Sections 20-1-2, 20-1-20, 20-1-21, 20-1-22, 20-1-25, and 20-1-27. In the event of any conflict between the provisions of this chapter and Sections 22-2-2 or 22-3-2, the provisions of this chapter shall control. (Acts 1969, No. 1049, p. 1939, §33.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026